Federal (Canada)Privacy ActWell-founded

RCMP Names Murder Suspect at Community Meeting

Organization: Royal Canadian Mounted Police (RCMP)Complainant: Anonymous applicant
Plain-language brief

An individual complained that an RCMP staff sergeant inappropriately disclosed personal information about him at a community meeting. The sergeant, invited to discuss a decade-old murder case, named the complainant as a "person of interest" and stated he had declined a polygraph test. The complainant alleged he was not fully informed about the subject matter of the discussion. The RCMP presumed consent based on the complainant's attendance and assurances from community group representatives. The OPC found that the RCMP had a responsibility to actively obtain consent for the disclosure, rather than presuming it. The complaint was upheld as well-founded.

Key issues
  1. 1Whether the RCMP inappropriately disclosed personal information about the complainant at a community meeting
  2. 2Whether the RCMP obtained valid consent for the disclosure of personal information
Outcome breakdownFavours: Applicant / complainant
  • Disclosure of personal information: Disclosure was inappropriate
  • Presumed consent: Presumption of consent was invalid
  • Active consent: Active consent was required
  • Complaint outcome: Complaint upheld as well-founded
Outcome

Complaint well-founded

Reasoning

The OPC found that the RCMP failed to actively obtain the complainant's consent for the disclosure of his personal information, instead presuming consent based on his presence at the meeting.

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